SACHIN DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Sarma, learned counsel for the petitioners. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. G. Choudhury, learned counsel appearing on behalf of the respondent No. 2.

(2.) This is an application under Sec. 482 read with Sec. 397 of the Code of Criminal Procedure, 1973, praying for quashing the complaint registered as C.R. Case No. 3645/2017 (Smt. Reema Das Vs. Sri Sachin Deka and Anr.), pending before the Court of learned Judicial Magistrate 1st Class, Kamrup (M), Guwahati, and also prays for setting aside the impugned order dtd. 18/8/2018, whereby, the learned Judicial Magistrate 1st Class, Kamrup (M), Guwahati, framed charge against the present accused/petitioners under Ss. 498A/323/34 of the Indian Penal Code, as well as the impugned order dtd. 31/8/2019, whereby, the learned Judicial Magistrate 1st Class, Kamrup (M), Guwahati, rejected the prayer of the complainant/respondent No. 2 for withdrawal of the complaint case bearing C.R. Case No. 3645/2017.

(3.) The brief facts of the case, leading to filing of the present petition, is that the accused/petitioner No. 1 and the respondent No. 2 got married as per Hindu rites and custom and after some days of their happy married life, some dispute arose between the parties and for which, the respondent No. 2 lodged a complaint before the learned Chief Judicial Magistrate, Kamrup (M), which is, accordingly, registered as C.R. Case No. 3645/2017, under Sec. 120B/323/294/341 /406/34 of the Indian Penal Code. Accordingly, the learned Court below, after examining the witnesses under Sec. 200 of the Code of Criminal Procedure, pleased to take cognizance against the present accused/petitioners under Ss. 498A/323/34 of the Indian Penal Code. After examination of the witnesses and on appearance of the accused/petitioners, the learned Court below framed charge against the accused/petitioners under Sec. 498A/323/34 of the Indian Penal Code vide order dtd. 18/8/2018. During the pendency of the said C.R. Case, the entire dispute between the parties were settled and accordingly both the accused/petitioner No. 1 and the respondent No. 2 entered into a Deed of Settlement and agreed to dissolve their marriage mutually and it has been settled at an amount of Rs.3.00 Lakhs towards permanent ailment.